ENGROSSED
Senate Bill No. 717
[Originating in the Committee on Government Organization;
reported February 26, 2004.]
_____________
A BILL to amend and reenact §4-10-4, §4-10-4a, §4-10-5, §4-10-5a
and §4-10-5b of the code of West Virginia, 1931, as amended,
all relating to the West Virginia sunset law; terminating
agencies following full performance evaluations; terminating
agencies previously subject to full performance evaluations
following compliance monitoring and further inquiry updates;
terminating agencies following preliminary performance
reviews; terminating agencies previously subject to
preliminary performance reviews following compliance
monitoring and further inquiry updates; and terminating boards
created to regulate professions and occupations.
Be it enacted by the Legislature of West Virginia:
That §4-10-4, §4-10-4a, §4-10-5, §4-10-5a and §4-10-5b of the
code of West Virginia, 1931, as amended, be amended and reenacted
to read as follows:
ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.
§4-10-4. Termination of agencies following full performance
evaluations
.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a full performance evaluation has been conducted upon the agency:
(1) On the first day of July, two thousand four: Division of
personnel; division of rehabilitation services; division of labor;
division of motor vehicles; department of environmental protection;
department of health and human resources; division of natural
resources; purchasing division within the department of
administration; school building authority; state police;
consolidated public retirement board; and workers' compensation.
(2) (1) On the first day of July, two thousand five:
Parkways, economic development and tourism authority; department
Department of tax and revenue;
division of highways; division of
corrections; West Virginia public land corporation; office of
insurance commissioner; James "Tiger" Morton catastrophic illness
commission;
investment management board;
department of health and
human resources; state police; school building authority;
consolidated public retirement board; workers' compensation; and
tourism functions within the development office.
(2) On the first day of July, two thousand six: Division of
motor vehicles.
(3) On the first day of July, two thousand seven: Office of
health facilities licensure and certification within the department
of health and human resources
; development office; parkways,
economic development and tourism authority; division of highways;
and division of personnel.
(4) On the first day of July, two thousand eight: purchasing
division within the department of administration; division of rehabilitation services; division of corrections; division of
labor; investment management board; and division of natural
resources.
(4) (5) On the first day of July, two thousand nine: Office
of judges in workers' compensation.
§4-10-4a. Termination of agencies previously subject to full
performance evaluations following compliance
monitoring and further inquiry updates
.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a compliance monitoring
and further inquiry update has been completed on the agency
subsequent to the prior completion of a full performance
evaluation:
On the first day of July, two thousand five: Division of
culture and history.
§4-10-5. Termination of agencies following preliminary performance
reviews.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a preliminary
performance review has been conducted upon the agency:
(1) On the first day of July, one thousand nine hundred
ninety-six: Juvenile facilities review panel.
(2) On the first day of July, one thousand nine hundred
ninety-seven: Public employees insurance agency advisory board;
cable television advisory board.
(3) On the first day of July, one thousand nine hundred ninety-nine: Tree fruit industry self-improvement assessment
program.
(4) On the first day of July, two thousand: Terms of family
law master and family law master system.
(5) On the first day of July, two thousand three: Advisory
council on public health; governors' office of fiscal risk analysis
and management.
(6) On the first day of July, two thousand four:
Meat
inspection program of the department of agriculture; state board of
risk and insurance management; real estate commission; rural health
advisory panel; state fire commission; motorcycle safety awareness
board; motor vehicle dealers advisory board; interstate commission
on uniform state laws; design-build board; center for professional
development board; parks section and parks function of the division
of natural resources; office of water resources of the department
of environmental protection; division of protective services; state
rail authority; care home advisory board; steel advisory commission
and steel futures program; children's health insurance board;
capitol building commission; public defender services; public
employees insurance agency finance board; office of explosives and
blasting; Workers' compensation appeal board;
records management
and preservation board; and public energy authority and public
energy authority board
; waste tire fund; and interstate commission
on the Potomac River basin.
(7) On the first day of July, two thousand five:
Board of
banking and financial institutions; lending and credit rate board; governor's cabinet on children and families; oil and gas
conservation commission; health Health care authority;
educational
broadcasting authority; clean coal technology council; racing
commission; manufactured housing construction and safety board;
environmental quality board; commission for the deaf and
hard-of-hearing;
public employees insurance agency; oral health
program;
rural health advisory panel; state board of risk and
insurance management; steel advisory commission and steel futures
program; public employees insurance agency finance board; public
defender services; and emergency medical services advisory council.
(8) On the first day of July, two thousand six: Family
protection services board; medical services fund advisory council;
West Virginia stream partners program; Ohio River valley water
sanitation commission; state lottery commission; whitewater
commission within the division of natural resources; unemployment
compensation; women's commission; personal assistance services
program; contractor licensing board;
state rail authority; office
of explosives and blasting; waste tire fund; real estate
commission; care home advisory board; capitol building commission;
records management and preservation board; public employees
insurance agency; and soil conservation committee.
(9) On the first day of July, two thousand seven: Human
rights commission; office of coalfield community development;
state
fire commission; children's health insurance board; board of
banking and financial institutions; lending and credit rate board;
governor's cabinet on children and families; and state geological and economic survey.
(10) On the first day of July, two thousand eight: Ethics
commission; public service commission;
parks section and parks
function of the division of natural resources; office of water
resources of the department of environmental protection; and
marketing and development division of department of agriculture.
(11) On the first day of July, two thousand nine: Driver's
licensing advisory board; West Virginia commission for national and
community service; membership in the southern regional education
board; bureau of senior services; oil and gas inspector's examining
board;
division of protective services; motorcycle safety awareness
board; and commission on holocaust education.
(12) On the first day of July, two thousand ten: Meat
inspection program of the department of agriculture; motor vehicle
dealers advisory board; interstate commission on uniform state
laws; design-build board; center for professional development
board; and interstate commission on the Potomac River basin.
§4-10-5a. Termination of agencies previously subject to
preliminary performance reviews following
compliance monitoring and further inquiry updates.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a compliance monitoring
and further inquiry update has been completed on the agency
subsequent to the prior completion of a preliminary performance
review:
(1) On the first day of July, two thousand: State building commission.
(2) On the first day of July, two thousand four: Office of
the environmental advocate; and veterans' council.
(3) (2) On the first day of July, two thousand five: Bureau
for child support enforcement.
(3) On the first day of July, two thousand seven: Office of
the environmental advocate; racing commission; and educational
broadcasting authority.
(4) On the first day of July, two thousand eight:
Environmental quality board.
(5) On the first day of July, two thousand ten: Veterans'
council; and oil and gas conservation commission.
§4-10-5b. Termination of boards created to regulate professions
and occupations.
(a) The legislative auditor shall evaluate each board created
under chapter thirty of this code to regulate professions and
occupations, at least once every twelve years. The evaluation
shall assess whether the board complies with the policies and
provisions of chapter thirty of this code and other applicable laws
and rules, whether the board follows a disciplinary procedure which
observes due process rights and protects the public interest and
whether the public interest requires that the board be continued.
(b) The following boards terminate on the date indicated, but
no board terminates under this section unless a regulatory board
evaluation has been conducted upon the board:
(1) On the first day of July, two thousand four: Board of examiners of land surveyors; board of landscape architects; board
of architects; real estate appraiser licensing and certification
board; and board of registration for foresters.
(2) (1) On the first day of July, two thousand five:
Board of
social work examiners; board Board of accountancy; board of
veterinary medicine;
board of dental examiners; acupuncture board;
and real estate appraiser licensing and certification board; and
board of medicine.
(3) (2) On the first day of July, two thousand six: Board of
examiners in counseling; board of osteopathy;
board of examiners of
land surveyors; board of dental examiners; and board of licensed
dietitians.
(4) (3) On the first day of July, two thousand seven: Board
of registration for sanitarians; board of embalmers and funeral
directors; board of optometry;
board of social work examiners; and
board of respiratory care practitioners.
(5)(4) On the first day of July, two thousand eight: Nursing
home administrators board; board of hearing aid dealers; board of
pharmacy;
board of medicine; and board of barbers and
cosmetologists.
(6)(5) On the first day of July, two thousand nine: Board of
physical therapy; board of chiropractic examiners;
board of
landscape architects; and board of occupational therapy.
(7)(6) On the first day of July, two thousand ten: Board of
registration for professional engineers; board of examiners for
registered professional nurses; board of examiners for licensed practical nurses; board of examiners for speech language pathology
and audiology;
board of registration for foresters; and radiologic
technology board of examiners.
(8)(7) On the first day of July, two thousand twelve: Board
of examiners of psychologists.
(8) On the first day of July, two thousand fourteen: Board of
architects.
(9) On the first day of July, two thousand fifteen: Massage
therapy licensure board.
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